CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
741
No. 17.
ment of claim in the same action, asking for relief against the plaintiff, either alone or along with other persons; and may make such order for the conduct and trial of the action and the counter-claim together or otherwise and in such manner and on such terms as to costs and other matters, as may seem just.
(2) The court may, if in any case it thinks fit, require the plaintiff to give security to the satisfaction of the court, by deposit or otherwise, to abide by and perform the decision of the court on the counterclaim.
164. Any person not originally a party to the action who is served with a counterclaim must appear thereto as if he had been served with a writ of summons in an action.
165. Any person named as a party to a counterclaim may file a statement of defence thereto within the time within which he might file a statement of defence if it were a statement of claim.
166. When a counterclaim is pleaded a statement of defence thereto shall be subject to the rules applicable to statements of defence.
167. If in any case in which the defendant sets up a counter-claim the action of the plaintiff is stayed, discontinued or dismissed, the counterclaim may nevertheless be proceeded with.
Reply and subsequent pleadings.
168.-(1) The plaintiff shall file in the Registry his reply, if any, within three weeks from the date of the service of the statement of defence or of the last of the statements of defence.
(2) No pleading subsequent to reply shall be pleaded without the leave of the court, and then only on such terms as the court may think fit.
Default of pleading.
169.-(1) If the plaintiff does not file a reply, or any party does not file any subsequent pleading, within the time allowed, and for that purpose, the pleadings shall be deemed to be closed at the expiration of that period and all the material statements of fact in the pleading last filed shall be deemed to have been denied and put in issue.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
741
No. 17.
ment of claim in the same action, asking for relief against the Schedule. plaintiff, either alone or along with other persons; and may make Form such order for the conduct and trial of the action and the counter- claim together or otherwise and in such manner and on such terms as to costs and other matters, as may seem just.
(2) The court may, if in any case it thinks fit, require the plaintiff to give security to the satisfaction of the court, by deposit or otherwise, to abide by and perform the decision of the court on the counterclaim.
164. Any person not originally a party to the action who is Appearance served with a counterclaim must appear thereto as if he had been by third served with a writ of summons in an action.
165. Any person named as a party to a counterclaim may file a statement of defence thereto within the time within which he might file a statement of defence if it were a statement of claim.
166. When a counterclaim is pleaded a statement of defence thereto shall be subject to the rules applicable to statements of defence.
167. If in any case in which the defendant sets up a counter- claim the action of the plaintiff is stayed, discontinued or dis- missed, the counterclaim may nevertheless be proceeded with.
Reply and subsequent pleadings.
168.-(1) The plaintiff shall file in the Registry his reply, if
any,
within three weeks from the date of the service of the statement of defence or of the last of the statements of defence.
party to
counter-
claim.
0. 21, r. 13.
Time for reply to claim.
counter-
0. 21, r. 14.
Statement of defence
to counter- claim.
Continuance of counter-
claim.
0. 21, r. 16.
Filing of reply and subsequent pleadings. Schedule.
(2) No pleading subsequent to reply shall be pleaded with- Form out the leave of the court, and then only on such terms as the No. 18. court may think fit.
Default of pleading.
169.-(1) If the plaintiff does not file a reply, or any party Close of does not file any subsequent pleading, within the time allowed pleadings on default, and for that purpose, the pleadings shall be deemed to be closed at default of the expiration of that period and all the material statements of third party in pleading. fact in the pleading last filed shall be deemed to have been 0.27, denied and put in issue.
rr. 13, 14.
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